Rick Thaler

Representative Highlights

RECENT HIGHLIGHTS

• Successfully defended Alta Ski Area against constitutional claims (based on federal land use) seeking to force it to abandon its successful skiing-only business model and allow snowboarding
• Prevailed in Labor Arbitration on contract interpretation issue valued at approximately $10 million
• Obtained emergency protective order regarding trade secrets valued at $10 million
• Obtained directed verdict at trial in age discrimination (ADEA) and retaliation case for defendant/employer
• Obtained settlement valued at $20 million for corporate client in tax case
• Obtained settlement valued at $30 million for corporate client in commercial contracting case
• Obtained summary judgment in favor of corporate defendant in Consumer Sales Practices Act case brought by 130 plaintiffs
• Obtained dismissal of corporate defendants in propane explosion case
• Obtained favorable settlement for defendant/employer in federal Fair Labor Standards Act case with 66 plaintiffs
• Obtained favorable settlement for defendant/employer in fair employment and housing and wage case with 35 plaintiffs

REPRESENTATIVE CASES

• Lampe v. Delta Air Lines, Inc. Case No. 2:22-cv-0055 (2024). Summary judgment granted in favor of Delta Air Lines, Inc. against employee claiming sex discrimination in violation of Title VII of the Civil Rights Act and unequal pay in violation of the Equal Pay Act.
• Behrends et al v. Delta Air Lines, Inc. Case No. 2:20-cv-00191 (2024). Summary judgment granted in favor of Delta Air Lines, Inc. against former employee alleging discrimination, harassment, and retaliation based on disability, failure to accommodate disability, harassment, assault and battery, and wrongful termination based on public policy.
• True v. Delta Air Lines, Inc. Case No. 2:21-cv-00433 (2024). Summary judgment granted in favor of Delta Air Lines, Inc. against former employee alleging she was terminated due to her race and retaliation in violation of Title VII of the Civil Rights Act of 1964.
• Hanson v. Kennecott Utah Copper, LLC, 2023 WL 4826548, United States District Court, D. Utah, July 27, 2023. Summary judgment granted in favor of Kennecott Utah Copper, LLC against former employee who claimed that he was subjected to wrongful termination, discrimination, and retaliation under the ADA.
• Moleni v. Delta Air Lines, Inc., Case No. 2:21-cv-00043 (2022). Summary judgment granted in favor of Delta Air Lines, Inc. against former employee claiming that she was wrongfully terminated due to her race in violation of Title VII of the Civil Rights Act of 1964. This case was litigated in both the state and federal court systems through numerous levels of appeal and was won by Delta six separate times.
• Finneman v. Delta Air Lines, Inc., Case No. 2:19-cv-327 (2022). Summary judgment granted in favor of Delta Air Lines, Inc. against former employee alleging that she was terminated due to her race, gender and retaliation in violation of Title VII of the Civil Rights Act of 1964.
• Wasatch Equality et al v. Alta Ski Area, United States Forest Service et al, 2016 WL 1566626, 820 F.3d 381 (10th Cir. 2016). Affirmed lower court decision denying constitutional claims, and allowing ski resort to continue its successful skiing-only business model.
• Branham v. Delta Airlines, Inc., Case No. 16-4092 (10th Cir. 2017). Summary judgment granted in favor of Delta on claims brought by former employee, including ADA, FMLA, ERISA, age discrimination, breach of contract, and breach of covenant of good faith and fair dealing.
• Zoutomou v. Kennecott Utah Copper, 550 Fed. Appx. 647 (10th Cir. 2013). Summary judgment affirmed in favor of Kennecott on claims brought by former employee alleging age and race discrimination.
• Thomas v. Avis Budget Group, 408 Fed. Appx. 145 (10th Cir. 2011). Summary judgment affirmed in favor of Avis on former employee’s ADA failure to accommodate and retaliation claims.
• Barker v. Wal-Mart Stores, Case No. 060401218 (2010). Summary judgment granted in favor of Wal-Mart against 130 plaintiffs in Consumer Sales Practices Act case.
• Smith v. Delta Air Lines, Inc., Case No. 2:07-CV-00843 (2010). Summary judgment granted in favor of Delta on claims brought by former employee, including race and age discrimination, retaliation, breach of contract, breach of covenant of good faith and fair dealing, tortious interference, defamation, and negligent supervision claims.
• Nelson v. Marriott International, Case No. 8070434 (2010). Summary judgment granted in favor of Marriott on sexual harassment, gender discrimination, and retaliation claims.
• McNeil v. Kennecott Utah Copper Corp., 2010 WL2232259 (10th Cir. 2010). Summary judgment affirmed in favor of Kennecott on race discrimination, racially hostile work environment, and retaliation claims.
• Ogbedeagu v. Autoliv ASP, Inc., 2006, WL 3307258 (10th Cir. 2006) (affirming summary judgment on claims for race discrimination, military discrimination (USERRA), and retaliation).
• Knapp v. America West Airlines, Inc., 2006 WL 3387852 (10th Cir. 2006) (affirming summary judgment for airline on FMLA case and motion to dismiss state claims based on federal preemption).
• Prathan v. Autoliv ASP, Inc., 117 Fed. Appx. 650 (10th Cir. 2004) (affirming summary judgment to Autoliv on all claims, including ADA, ERISA, implied contract, and implied covenant of good faith and fair dealing claims).
• Eddy v. Autoliv ASP, Inc., 203 Ut. App. 97 (Ut. Ct. App. 2003) (affirming summary judgment to Autoliv on defamation and false light claims on the grounds of conditional and absolute privilege, and on the merits).
• Peterson v. Delta Air Lines, Inc., 42 P.3d 1253 (Ut. Ct. App. 2002) (affirming state court dismissal of breach of implied contract, civil conspiracy, and intentional infliction of emotional distress claims on federal pre-emption grounds).
• Hollins v. Delta Airlines, 238 F.3d 1255 (10th Cir. 2001) (affirming summary judgment for Delta on Title VII and Section 1981 race discrimination claims).
• Packard v. Continental Airlines, Inc., 24 Fed. Appx. 960 (10th Cir. 2001) (cert. denied) (Tenth Circuit affirmed summary judgment for Continental in FMLA case, and United States Supreme Court denied cert.).
• Eddy v. Autoliv ASP, Inc., 2000 U.S. App. LEXIS 20165 (10th Cir. 2000) (Tenth Circuit affirmed summary judgment for Autoliv on Title VII sexual and racial hostile work environment claims, discrimination, Equal Pay Act, and state law claims).
• Hansen v. Alta Ski Lifts Company, 1998 U.S. App. LEXIS 6578 (10th Cir. 1998) (affirming summary judgment for ski resort in Title VII retaliation claim).
• Keoughan v. Delta Air Lines, Inc., 1997 U.S. App. LEXIS 12232 (10th Cir. 1997) (affirming summary judgment for Delta on ADA claim).